Retirement Policy (Police Officers and Police Staff)

Transcription

1 Retirement Policy (Police Officers and Police Staff) Publication Scheme Y/N Department of Origin Policy Holder Author Related Documents Can be published on Force Website Personnel Head of HR Head of Employee Relations Flexible Retirement Policy PNB/Home Office Joint Guidance for Police Authorities on New Compulsory Retirement Ages with effect from 1 st October 2006 Date First Approved at BMG 25 th April 2012 This Version V1.4 07/09/2015 Date of Next Review 07/09/2018 September 2015

2 Retirement Policy HR Employee Relations Statement Policy Merseyside Police is committed to equal opportunities for all staff, and recognises the contributions of a diverse workforce, including the skills and experience of older employees. It believes that staff should, wherever possible, be permitted to continue working for as long as they wish to do so. The Employment Equality (Age) Regulations 2006 provided for a default retirement age of 65 (replaced by the Equality Act 2010). However the statutory law on age and retirement changed on 6 th April 2011 when the default retirement age was phased out. As a result, from 1 st October 2011 Merseyside Police no longer applies a contractual retirement age at 65 years for Police Staff. It is now a matter of individual choice when Police Staff retire from the Force, however the retirement age for police officers remains unaffected by this change as governed by police regulations. Aims To comply with the Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 To provide clarification on processes in relation to Police staff retirement following the abolition of the Default Retirement Age (DRA) and the associated statutory retirement procedure from 6 th April 2011 To provide guidance in relation to Police Officers following the PNB/Home Office Joint Guidance for Police Authorities on New Compulsory Retirement Ages with effect from 1 st October 2006 Objectives To enable Police Staff to retire when they are ready to do so. To provide a fair and consistent approach when dealing with retirements. To avoid discrimination on the grounds of age. Application and Scope All police officers and police staff, including the extended police family and those working voluntarily or under contract to Merseyside Police must be aware of, and are required to comply with, all relevant policy and associated procedures. Outcome Evaluation

3 Retirement Policy HR Employee Relations Outcomes will be evaluated as a result of regular monitoring with exception reports provided when requested to relevant forums to ensure objectives have been achieved. These will include: The number of retirements processed in accordance with the procedure ensuring compliance with legislative requirements. Monitoring the age profile of the Force. The Director of Resources is responsible for overseeing this policy to ensure compliance with Force and national standards.

4 Retirement Policy HR Employee Relations 1. Police Staff 1.1 Retirements Procedure Police staff can voluntarily retire at a time of their choosing and draw any occupational pension they are entitled to in line with the pension scheme rules Prior to the 6 th April 2011 retirement was deemed as one of the potentially fair reasons for dismissal under the Employment Act As the default retirement age no longer exists retirement as potentially fair reason for dismissal has also been removed. Police Staff may now only be fairly dismissed for one of the 5 reasons set out in the Employment Rights Act 1996: Capability or qualifications including ill health Conduct Redundancy Contravention of a statutory enactment Some other substantial reason The above are well defined in case law. Further advice can be obtained from the HR Employee Relations Consultancy Advisor. 1.2 Process When a member of staff has decided that they wish to retire, they should inform their line manager in writing as far in advance as possible and, in any event, in accordance with their notice period as set out in the contract of employment. This should be made via completion of the automated retirement form on the Origin Personnel System. Early notification will assist the Force with its succession planning Once completed staff will receive an confirming that their form has been submitted to HR Shared Services Once HR Shared Services begin processing the application, an will be sent to the relevant BCU Commander/Departmental Head asking them to acknowledge the application The BCU Commander/Departmental Head will liaise with the line manager who will arrange a meeting with the member of staff to discuss arrangements for retirement, including the intended retirement date, succession and handover plans, pension details and phased retirement, if applicable.

5 Retirement Policy HR Employee Relations Following authorisation by the BCU Commander/Departmental Head, HR Shared Services will process the Retirement application and will contact the member of staff as part of the completion of the request Staff can track the progress of their request by logging onto the Origin Personnel System HR Shared Services will be responsible for sending the individual an exit questionnaire via to the work address or if appropriate via Royal Mail to the home address HR Shared Services will deal with the transactional processes, re payroll; pensions, awards and annual leave entitlements etc HR Shared Services will write to the individual informing them of their outstanding annual leave and any arrangements for payment or payback of overpayment Where applicable, the HR Admin Team will write to the individual to make arrangements for any awards gifts, or certificates and arrange a meeting with Chief Officer if requested. 1.3 Flexible Retirement Flexible retirement is a facility to enable qualifying Police Staff to ease into retirement by gaining immediate access to all, or a part, of their Local Government Pension Scheme benefits whilst remaining in employment with the Force Flexible retirement is an option available for members of the LGPS who satisfy the qualifying criteria to apply to the Force for the early release of accrued pension benefits whilst continuing to work either at a lower grade or on reduced hours Whilst each flexible retirement request will be considered on its individual merits, approval will normally only be granted where there are demonstrable economic and/or business interests to the Force in doing so Further details can be obtained via the Flexible Retirement Policy on the Force Intranet. 1.4 Early Retirement Police Staff can choose to retire from age 55 and receive pension benefits immediately, although they may be actuarially reduced for early payment. It s also possible to retire from age 55 and receive full benefits immediately, provided you are made redundant or retired in the interests of business efficiency Applications for early retirement will only be agreed where there is a strong business case, which is financially viable, or where there are other efficiency reasons to approve the request.

6 Retirement Policy HR Employee Relations 1.5 Pre-retirement Adjustment of Hours Pre-retirement leave amounting to one day per week during the last year of work before a planned retirement date shall be granted to those staff that qualify by age and service. To qualify for pre-retirement leave employees must have completed 20 years service as a Police Staff member and be aged 59 or above Staff that wish to apply for pre-retirement leave should complete the pre retirement adjustment of hours application form on the Force Intranet Further details can be obtained via the Local Conditions of Service on the Force Intranet. 1.6 Contractual Notice A member of Police Staff who wishes to retire voluntarily will be required to give the Force the necessary period of contractual or statutory notice, in the same way as for a normal resignation If a member of staff changes their mind after giving formal notice of their intention to retire, management is under no obligation to allow them to withdraw their notice. However if a member of staff informs management during discussions that they are planning to retire, they may change their mind before formal notice is given. 1.7 Pension and insurance benefits All staff are encouraged to consider their pension provision and take independent financial advice before making any decision in relation to retirement The abolition of the Default Retirement Age does not affect the occupational pension scheme Police Staff who are members of the occupational pension scheme and who have decided to retire on a specific date may request details of their pension entitlement from the Pensions Liaison Officer, HR Department. 2 Police Officer 2.1 Retirement Retirement ages for police officers including members of the special constabulary are specified in Regulation A18 of the Police Pensions Regulations 1987 and are currently guided by Association of Chief Police Officers Circular of 6 th September 2006: Constable to Chief Inspector Age 60 Superintendent and above Age 65

7 Retirement Policy HR Employee Relations Police Officers are able to request an extension to remain working beyond their compulsory retirement age (CRA) for a maximum default period of two years. Applications will be considered on the following grounds: There has to be a clear organisational benefit to retain a police officer after retirement age. 2.2 Process HR Shared Services will complete a list of officers who will attain compulsory retirement age (CRA) in the forthcoming financial year. This will be completed in August each year to allow sufficient time for any application to be processed HR Shared Services will be responsible for informing officers of their date of retirement and the right to apply to remain beyond compulsory retirement age. This will be sent 6 months prior to allow the officer time to consider their future intentions Officers who do wish to retire must complete the automated Retirement form on the Origin Personnel System. 2.3 Extensions to Service Officers who wish to continue to work beyond their CRA must request an extension to service in writing at the earliest opportunity. This must be no later than 3 months prior to their retirement date Officers must complete a Form Per 70 and submit to their line manager in a sealed envelope The line manager will arrange a meeting with the officer within 14 days of receipt of the application to discuss the request. The officer will have the right to be accompanied by a Staff Association representative or serving Police Officer of their choice After the meeting the line manager will be responsible for completing Section 2 of the Per 70, making observations relating to the officer s attendance record (this should be for the past 3 years in line with the Force criteria for de-selection as detailed with the Recruitment and Selection Policy), performance, competencies, skills and disciplinary issues including any other relevant information. There should also be an indication as to whether or not the application is supported Individuals will not automatically be referred to the Occupational Health Unit for medical assessment. However in circumstances where the attendance record or other documented matters bring into question the individual s ability to give regular and efficient service to Merseyside Police the Officer will be required to complete a Medical Questionnaire (Per 72) and will be referred to the Occupational Health Unit in accordance with the normal procedures.

8 Retirement Policy HR Employee Relations The completed form will be forwarded to the BCU Commander/Head of Department for their endorsement, and recommendations for approval or rejection of the application All documents must be forwarded to the Head of HR for Federated Ranks or Chief Officer for Superintendents and above for final decision. This will allow consideration to be given for resource planning The Head of HR or a Chief Officer will record their decision on the Per 70 and forward the completed documentation to HR Shared Services who will write to the Officer and BCU Commander/Head of Department informing them of the outcome. This will include (where appropriate) informing the officer of the right to Appeal in which the officer must complete a PER At the conclusion of the case, all completed documentation will be retained by HR Shared Services Department for recording of relevant data and filing In all cases where extensions to service have been approved, at least 3 months prior to the new Compulsory Retirement Date (CRD), a further letter and Forms Per 70 and 72 will be forwarded to the Officer via HR Shared Services informing them of their new CRD and procedures for a further application, which will follow those outlined above. 2.4 Appeal Arrangements An officer may appeal if their request is rejected or approved for a shorter period than originally requested. Appeals should be submitted via Form PER 71 to the Area Commander/Head of Department within 10 days of receipt of the decision. This will be forwarded to the Head of HR who will arrange a hearing date with a Chief Officer (DCC for Superintendents and above) An appeal meeting will be held at which the officer is entitled to be accompanied by a Staff Association Representative or serving Police Officer colleague The outcome of the meeting and completed documentation will be forwarded to HR Shared Services who will notify the officer of the final decision in writing within 7 days of the meeting. There are no further avenues of appeal. 2.5 Medical Appeals Upon receiving notification of an appeal on medical grounds the Head of HR will ascertain the extent of the contradictory medical opinion and liaise with a Chief Officer as to whether or not the procedures for a medical appeal are required. Where this is the case the matter will be referred to the Force Medical Officer (FMO) for reconsideration A medical appeal will be allowed if an extension of service is refused solely on the basis of a medical and the officer contests this by producing another medical practitioner s opinion directly contradicting the opinion of the FMO.

9 Retirement Policy HR Employee Relations In the event that the FMO opinion remains unaltered the Occupational Health Unit will be responsible for liaising with the other medical practitioner and appointing a third medical practitioner whose decision will be final The final decision and completed documentation will be forwarded to HR Shared Services who will notify the officer of the decision in writing within 7 days of the meeting. There are no further avenues of appeal. 2.6 Pensions Police Officers are reminded that there are ramifications for their pensions if they leave before reaching the agreed end date of their period of extension. Officers considering such action are advised to contact their Federation representatives. 3 All Staff 3.1 Managing intentions in relation to retirement As part of the PDP process line managers are responsible for discussing staff performance, development and training needs as well as the Force and staff s future aims and expectations. As the Force no longer operates a compulsory retirement age for Police Staff, such discussions are important to enable the manager to plan for future needs. It is good practice to ask all staff about their future plans and aspirations, where they see themselves in the next few years and how they see their contribution to their BCU/Department. Having this discussion will enable the Line Manager to establish if and when an individual is thinking about retirement. However management must take care to ensure that all discussions are conducted in a general way, any direct questions such as are you planning to retire in the near future? are best avoided as such direct questions may lead to a claim of age discrimination. 3.2 Performance If any member of staff is performing poorly, line management should discuss this with the individual to establish the causes and where appropriate, take appropriate action as per relevant Force Policy. Failure to address poor performance in older workers because, or in the expectation that they will be leaving soon to draw their pension, may well be discriminatory. 3.3 Succession planning Staff who are to retire will often have considerable knowledge in relation to their role and responsibilities. Merseyside Police may require the member of staff s assistance and cooperation for future succession planning. Prior to retirement, staff may be asked to assist the Line Manager, by: providing full written details of the status of work projects and future steps;

10 Retirement Policy HR Employee Relations developing a job description, including key competencies and skills required for the role; ensuring a smooth handover of work; and assisting in training any successor 3.4 Pre-retirement Courses Pre-retirement courses are available for all staff that are within 12 months of their intended retirement date. These courses address a number of issues such as financial advice, pensions, writing C.V. s etc. Further details can be obtained via from the Academy Training Administrators. 3.5 Outstanding leave entitlements Staff should be encouraged to utilise their entitlement to any outstanding annual leave, rest days in lieu (RDL) and time off in lieu (TOIL) prior to an agreed retirement date. Any outstanding RDL s/toil at the time of leaving will be lost as no provision will be made for payment.